Hindustan Antibiotics Ltd, Pune V. Dy Comm of Income-tax, Pune

MA 109/PUN/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7301 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-10-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 09-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: A N KOTHARI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE BEFORE SHRI I.C. SUDHIR JUDICIAL MEMBER AND SHRI G.S. PANNU ACCOUNTANT MEMBER M.A. NO. 109/PN/2011 (ARISING OUT OF ITA NOS. 878 TO 880/PN/2008) (ASSTT. YEARS :2002-03 TO 2004-05) HINDUST AN ANTIBIOTICS LIMITED ... APP LICA NT MUMBAI PUNE ROAD, PIMPRI, PUNE 18 PAN : AAACH 5155L V. DY. COMMISSIONER OF INCOME-TAX, RESPONDENT CIRCLE-8, PUNE APPLICANT BY : SHRI A.N. KOTHARI RESPONDENT BY : SHRI PRAYAG JHA DATE OF HEARING : 09.0 8.2011 DATE OF PRONOUNCEMENT : 12 .10.2011 ORDER PER I.C. SUDHIR, JM THE ONLY GRIEVANCE OF THE APPLICANT IS THAT IN THE ORDER DATED 4 TH MARCH 2011 OF THE TRIBUNAL, IT HAS BEEN INADVERTENTLY MENTIONE D THAT THE MISCELLANEOUS APPLICATION WAS ALSO ARISING OUT OF THE APPEALS, IT A NOS. 751 TO 753/PN/2008, BESIDES ITA NOS. 878 TO 880/PN/2008, WHEREAS THE IT A NOS. 751 TO 753/PN/2008 WERE NOT SUBJECT MATTER OF THE APPLICATION I.E. M.A . NO. 36/PN/2010. 2. ON VERIFICATION OF THE ORDER OF THE TRIBUNAL DAT ED 4 TH MARCH 2011 AND RECORD, WE FIND THAT THE M.A. NO. 36/PN/2010 WAS ARISING OU T OF ITA NOS. 878 TO 880/PN2008 FOR THE A.YS. 2002-03, 2003-04 AND 2004- 05 RESPECTIVELY ONLY AND ITA NOS. 751 TO 753/PN/2008 WERE NOT SUBJECT MATTER OF THE SAID M.A. WE THUS DELETE THE ITA NOS. 751 TO 753/PN/2008 FROM THE ORDER DATE D 4 TH MARCH 2011 MENTIONED AT TWO PLACES, FIRSTLY AT THE CAPTION OF THE M.A AND S ECONDLY, IN PARA NO.1 OF THE ORDER. THE ORDER DATED 4 TH MARCH 2011 OF THE TRIBUNAL IS ACCORDINGLY RECTIFI ED. MA . NO 109/PN/2011 HINDUSTAN ANTIBIOTICS LTD. A.YS. 2002-03 TO 2004-05 PAGE OF 2 2 3. IN RESULT, MISCELLANEOUS APPLICATION IS ALLOWED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 12TH OCTOBER 2011. SD/- SD/- ( G.S. PANNU ) ACCOUNTANT MEMBER ( I.C. SUDHIR ) JUDICIAL MEMBER PUNE, DATED THE 12TH OCTOBER, 2011 US COPY OF THE ORDER IS FORWARDED TO : 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT- V, PUNE 4. THE CIT(A)- III, PUNE 5. THE D.R. ITAT A BENCH, PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE